Fired HR director sues PSD for wrongful termination

A former top administrator is suing Poudre School District for what he says was his wrongful termination.

Chuck DeWayne claims investigations into his alleged misconduct found he didn’t violate district policy and that he was fired “at the whim” of Superintendent Sandra Smyser, records filed in court Tuesday and obtained by the Coloradoan show.

DeWayne says the public school district violated its terms by firing him in February without paying the remainder of his contract. He has requested that a jury decide how much he is owed in a case his attorney said was defined by false information.

“There was a great deal of misinformation that was published in the media about Mr. DeWayne’s involvement with Organo Gold and the Napoleon Hill Foundation,” attorney Kevin Ward told the Coloradoan Wednesday.

“His position is that he is due what he’s owed,” he said.

DeWayne’s annual salary was $141,820 plus benefits. Ward didn’t have an exact figure of how much DeWayne says PSD owes him but said it equals what he would have been paid between Feb. 11, the date of his firing, and the end of his employment contract on July 31.

When asked about the lawsuit Wednesday, PSD spokeswoman Valerie Van Ryn said: “At this time we have no comments to your questions regarding Mr. DeWayne and his termination.”

A Poudre Education Association official alleged DeWayne’s connection to the company was a “conflict of interest.” He came under public scrutiny in 2013 for an email sent from his district account that outlined goals to have PSD partner with Organo Gold and the Napoleon Hill Foundation to raise $63 million by the end of 2020.

DeWayne has never spoken publicly about the allegations.

Court records say DeWayne’s wife, Stephanie, sells Organo Gold products but that DeWayne “has no direct contractual or business relationship” with the company. DeWayne also claims he never individually marketed or sold its coffees and teas to school district employees.

In the past several years, DeWayne developed a “renewed interest” in the works of Napoleon Hill, who taught people about leadership, and authored the best-selling self-help book “Think and Grow Rich.” PSD’s purchase of copies of the book raised educator eyebrows before the books were stripped from classrooms in winter 2012.

In court records DeWayne said he thought Hill’s principles aligned with PSD goals for seniors to graduate with certain skills.

DeWayne became certified through the nonprofit Napoleon Hill Foundation to train others in Hill’s 17 success principles. He said the coursework “corresponded with his aim as an educator” and fulfilled state requirements tied to his education license, according to court records.

DeWayne also claims former Superintendent Jerry Wilson and former Interim Superintendent Nancy Wright were aware of his certification and that Wright approved use of district funds to pay for a trip to Ireland, as part of the coursework.

Napoleon Hill Foundation Educational Director Judith Williamson said the certification program’s mission is to teach people: “You can do anything you want to as long as you don’t hurt another human being.” From her interactions, she thinks DeWayne’s intent in pursuing training was to “make life better” for PSD’s students.

The Napoleon Hill Foundation provides specially branded copies of “Think and Grow Rich” to Organo Gold and offers distributors courses on Hill’s principles upon request. But Williamson said that doesn’t mean those connected with the foundation have a direct tie to Organo Gold.

Court records show PSD launched an investigation into DeWayne after a February 2013 open records request unearthed emails sent on his district email account referencing his intent to partner PSD with Organo Gold and the Napoleon Hill Foundation.

Richard Lyons, a Longmont-based attorney specializing in education and local government law, confirmed PSD hired him to conduct two investigations in spring and fall 2013. He declined to discuss details of the investigation, citing attorney-client privilege.

DeWayne claims Lyons was asked to investigate his involvement with Organo Gold and the Napoleon Hill Foundation, his use of district funds, and whether he “used improper influence or procedure associated with the district curriculum.”

After Lyons interviewed nearly a dozen people and reviewed emails, DeWayne claims in court records that Lyons found he didn’t violate district policy or improperly pressure district employees.

Smyser has said privacy laws prohibit the district from discussing personnel issues.

The superintendent placed DeWayne on paid administrative leave Dec. 4. She issued a notice of possible dismissal, DeWayne claims in court records, and said his leave was tied to issues related to Organo Gold and the Napoleon Hill Foundation.

DeWayne also said in records Smyser referenced a “whistleblower” report that alleged he encouraged employees in PSD’s Human Resources department to take paid leave after Christmas “when no such paid leave had been authorized or encouraged.” He refutes this claim and argues Smyser fired him without cause.

The lawsuit was filed in 8th Judicial District Court on Tuesday. PSD has 21 days to respond, after which court proceedings will move forward.